COLUMN: Barbara Holland

Q. Some of our two-story buildings built in 1959 have squeaking floors which can be heard on the first floor units. The plywood has dried along with other building materials.

One downstairs unit owner -- at his own expense -- insulated the void between his ceiling and the floor above him to minimize the noise.

Another downstairs owner has complained about the noise of his neighbor above, specifically, the snoring of the upstairs owner. He refuses to acknowledge that insulation above his ceiling can solve his problem. This dispute has gone to arbitration.

My questions are as follows:

1. Who is responsible for maintaining the exclusive use area that includes the repair or replacement of the squeaking floor? Should the two owners pay for repairs or does the association pay?

2. Is the association responsible for snoring heard from one unit to another?

3. If the floor is replaced, how can that mitigate the snoring noise?

A. Unless indicated to the contrary in your covenants, the owner of the upstairs unit should be responsible for the floors. Check the governing documents carefully.

Your association is probably not required to pay for the correction, but if this is an issue that is affecting all homes, the board may consider intervening. If the board does begin to implement a rehabilitation program, it may require a special assessment from the owners to fund it.

No, the association is not responsible for the snoring per se. The issue is not the snoring, it is the sound barrier.

Replacing the floor won't help in this case. The upstairs owner will probably continue to snore. All the replacement will do is to reduce the noise level of a different sound.

Q. We are having a problem with a dog and a tenant. We have called agencies to help us for months to no avail. We are trying to sell our home but the smell of the dog waste is chasing buyers away. What can we do?

A. First, contact the management company and obtain the assistance of the association, as owners should be removing their pet waste. The association can contact both the tenant and the owner. Warning letters, followed by fines, if necessary, can be initiated by the association.

This violation could be considered a health issue, which would allow the association to foreclose on this home if the owner does not pay any fines that are assessed. In addition, the health district and animal control may be able to offer assistance. You should contact these agencies.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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